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Full-Text Articles in Evidence
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
Cornell Law Faculty Publications
This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
Cleveland State Law Review
This article addresses the need to formulate a uniform and predictable approach to the admissibility of expert opinion testimony which relates the law to the facts. First, it briefly discusses the history of expert opinion testimony. Second, it discusses, through a case analysis, the difficult, if not impossible task that courts have assumed in attempting to differentiate between two types of expert opinions: (1) those which are, by their nature, factual; and (2) those which require some level of legal analysis-directly relating the law to the facts of the case. Finally, this article suggests an alternative approach which is arguably …